Terms and Conditions

Website Terms and Conditions of Use

Agreement between User and Kevin J. Kennedy

For the Use of www.tendollarwordsforkids.com

Welcome to www.tendollarwordsforkids.com (“Ten Dollar Words for Kids”). The Ten Dollar Words For Kids website (the “Site”) is comprised of various web pages operated by Kevin J. Kennedy. For the purposes of this Website Terms and Conditions of Use, unless otherwise noted, all references to Ten Dollar Words For Kids include www.tendollarwordsforkids.com and Kevin J. Kennedy. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Website Terms and Conditions of Use herein (collectively, the “Terms and Conditions”). Your use of the Site constitutes your agreement to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not use the Site. Please read the Terms and Conditions carefully.

Privacy

Your use of the Site is also subject to The Ten Dollar Words For Kids Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site, posting a reply or comment, completing an online purchase, or sending an email to Ten Dollar Words For Kids constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

The Site contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ten Dollar Words For Kids and Ten Dollar Words For Kids is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ten Dollar Words For Kids is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ten Dollar Words For Kids of the site or any association with its operators.

Certain services made available via Ten Dollar Words For Kids are delivered by third party sites and organizations, including without limitation Facebook, Twitter, and Google+. By using any product, service or functionality originating from the Ten Dollar Words For Kids domain, you hereby acknowledge and consent that Ten Dollar Words For Kids may share such information and data with any third party with whom Ten Dollar Words For Kids has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to Ten Dollar Words For Kids that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ten Dollar Words For Kids or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ten Dollar Words For Kids and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ten Dollar Words For Kids or its licensors except as expressly authorized by these Terms and Conditions.

Use of communication services

The Site may contain blogs, “leave a reply” functionality, “leave a comment” functionality, “email us” functionality, online ordering, and/or other message or communication facilities designed to enable you to communicate with Ten Dollar Words For Kids, its suppliers, or the public at large (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Ten Dollar Words For Kids has no obligation to monitor the Communication Services. However, Ten Dollar Words For Kids reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ten Dollar Words For Kids reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Ten Dollar Words For Kids reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ten Dollar Words For Kids’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ten Dollar Words For Kids does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ten Dollar Words For Kids specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Ten Dollar Words For Kids or posted on any Ten Dollar Words For Kids web page

Ten Dollar Words For Kids does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Ten Dollar Words For Kids Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ten Dollar Words For Kids, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Ten Dollar Words For Kids is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ten Dollar Words For Kids’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Ten Dollar Words For Kids from its offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Ten Dollar Words For Kids, its principals, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ten Dollar Words For Kids reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ten Dollar Words For Kids in asserting any available defenses.

Liability Disclaimer

ALL CONTENT PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEN DOLLAR WORDS FOR KIDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TEN DOLLAR WORDS FOR KIDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TEN DOLLAR WORDS FOR KIDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEN DOLLAR WORDS FOR KIDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEN DOLLAR WORDS FOR KIDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Ten Dollar Words For Kids reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia and you hereby consent to the sole and exclusive jurisdiction and venue of the courts having geographic jurisdiction over Chesapeake, Virginia, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ten Dollar Words For Kids as a result of this agreement or use of the Site. Ten Dollar Words For Kids’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ten Dollar Words For Kids’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ten Dollar Words For Kids with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ten Dollar Words For Kids with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ten Dollar Words For Kids with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form and shall be valid without signature. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms and Conditions

Ten Dollar Words For Kids reserves the right, in its sole discretion, to change the Terms and Conditions under which Ten Dollar Words For Kids is offered. The most current version of the Terms and Conditions will supersede all previous versions. Ten Dollar Words For Kids encourages you to periodically review the Terms and Conditions to stay informed of our updates.

Contact Us

Ten Dollar Words for Kids welcomes your questions or comments regarding the Terms and Conditions. You may contact Kevin J. Kennedy at:

Kevin J. Kennedy

P. O. Box 3072

Chesapeake VA 23327-3072

Email Address:

admin@tendollarwordsforkids.com

Telephone number:

(757) 589-7554

Effective as of August 14, 2013

 

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